Local Improvement District

***** NOTICE *****

Deschutes County has lost approximately $3 million annually under the Secure Ruaral Schools and Community Self Determination Act of 2000 (Forest Safety-Net) for improvement and maintenance of County Roads, which constitutes over 27% of the road fund revenue.  Without this funding the county does not have adequate resources to maintain the existing road system.  The County Transportation Plan states that addition roads can not be added to the county road system if the county can not financially absorb the additional maintenance requirements.

County Resolution 2006-049 declares a suspension on the establishment of new county roads until the funds lost from the Forest Safety-Net or similar funds have been restored.  The county will not accept petitions for the creation of any new Local Improvement Districts until the funding has been restored.

A Brief Summary

Local Improvement Districts are created to construct road improvements that are financed by special assessment against benefited properties.  Once the roads are improved to County Standards they can be accepted into the County Maintained Road System.

The Process

The process conforms with Chapter 12.48 of the Deschutes County Code.  The following steps are a condensed overview of the process.

1. THE PETITION

   A petition requesting improvements to be made to a road, signed by not less than 25% of the owners of land abutting the proposed improvements, is filed with the Board of County Commissioners. An $800.00 filing fee must accompany the petition.

2. FEASIBILITY STUDY

   The Department shall complete a feasibility study and shall include:

   • Extent of the Project
   • Boundary for the LID
   • Description of the Design
   • Consistency with Applicable Land Use Regulations
   • Determination of the Not to Exceed Cost
   • Recommendation of Method of Assessment
   • Nature of Benefited Properties
   • Description and Assessed Value of Each Lot
   • Financial Feasibility of the Improvement
     

3. ABANDON OR PROCEED

   A decision is then made to abandon or proceed with the local improvement district based on the feasibility study.

4. MEETINGS

   The Department will conduct one or more neighborhood meetings with the affected property owners.

5. MAIL POLL

   The Department will conduct a mail poll of owners. At least 60% of the owners must approve the project to continue the LID.

6. BOARD OF COMMISSIONERS

   Based on the mail poll, the BOCC will decide if the LID should continue.

7. PUBLIC HEARING

   The Department will mail each owner a notice of a public hearing in which they will have a chance to object to the L.I.D.  At the hearing, the BOCC will decide the future of the LID based on the objections received.

8. MODIFICATIONS

   Following the hearing, the Board may modify the proposed LID, estimated cost or method of assessment in response to information received; in which case, an additional hearing will be held.

9. LIEN

   If the LID continues, the Board shall have the County Clerk place in the records a Notice of Proposed Lien on the benefited property.

10. L.I.D. CONSTRUCTION BID

    The Road Department will have a contractor construct the improvements within the LID, according to applicable public bidding laws and adopted road standards.

11. PROJECT COST

    After the road construction is completed and the final cost is tabulated, each property owner is notified by mail of the final cost of the improvement and the amount of assessment to each owner. The notice will contain the date of a public hearing to hear objections as to the amount of assessment.

12. PAYMENT FOR L.I.D.

    After the public hearing, the Board will establish the final assessment. Each property owner will be mailed a notice of final assessment and given the choice of paying the full assessment at that time or paying the assessment in installments. The terms for installment payments will be contained in the notice (usually semi-annual payments over a ten-year period).